Commercial vehicles are an essential part of the US economy. Some of these vehicles carry passengers to near and far destinations while others deliver the goods many communities need each day. Other commercial vehicles allow utility workers and trade workers to complete jobs for Elk Grove, CA residents. While these vehicles are common sights throughout California, they are generally larger than most passenger vehicles and therefore pose many risks to nearby motorists.
When commercial vehicle accidents occur, the drivers and passengers involved face a higher risk of sustaining severe injuries than those involved in standard passenger vehicle accidents. Commercial trucks, large delivery trucks and vans, and utility trucks are all capable of inflicting massive damage to smaller vehicles and their occupants. Unfortunately, liability for a commercial vehicle accident may not be immediately clear, and a victim may suffer extreme damages that create a very desperate financial situation for them and their family.
If you or a loved one recently sustained injuries in a commercial vehicle accident, an Elk Grove commercial vehicle accident lawyer is the best asset you can have as you work toward recovering your losses. The right attorney will help you identify the party or parties that bear liability for your damages and guide you through the complex legal proceedings you face. The team at Guenard & Bozarth, LLP can provide the comprehensive and compassionate legal representation you need after experiencing a commercial vehicle accident in the Elk Grove, CA area.
Many people who suffer losses in auto accidents wonder whether they really need to hire attorneys to represent them. When fault for an accident is obvious, an injured victim may assume they can handle their recovery process on their own, saving money on legal fees. The reality is that any motor vehicle accident claim is likely to be far more complex than a victim initially realizes, and there are many ways such a claim can unfold to further complicate the victim’s path toward recovery.
If you were to attempt to file a personal injury claim without legal representation from an Elk Grove commercial vehicle accident attorney, you would need to meet every procedural requirement your case entails while also dealing with the aftermath of your injury. Attempting to meet court filing deadlines and research every available channel of compensation while struggling with painful injuries and financial stress from your damages would be an incredible burden.
Hiring an experienced Elk Grove commercial vehicle accident lawyer would allow you to rest and recover with peace of mind while your legal team manages your case proceedings on your behalf. Additionally, an experienced attorney is not only more likely to secure a positive outcome for your claim, but they are also more likely to uncover avenues of compensation you likely would have overlooked on your own, resulting in a more substantial recovery. Many commercial vehicle accident victims initially undervalue their claims until they secure legal representation that can help them explore all of their recovery options.
You can rely on the team at Guenard & Bozarth, LLP to provide meticulous personal injury representation in a wide range of commercial vehicle accident claims, including:
- Commercial truck accident claims. Large tractor-trailers are some of the most inherently dangerous vehicles on California roads due to their size and lack of maneuverability. Truck accident claims not only involve substantial damages but also commonly raise complex questions of liability.
- Delivery vehicle accident claims. Companies such as Federal Express, UPS, and Amazon operate thousands of delivery vehicles throughout California every day. The majority of delivery drivers working for these trucking companies are professional and cautious, but some, unfortunately, feel pressured to meet demanding delivery quotas and engage in risky maneuvers in traffic. We can help you determine liability for your damages if a commercial delivery vehicle driver causes an accident in Elk Grove.
- Utility vehicle accident claims. Public utility workers must handle complex and often dangerous maintenance jobs for the Elk Grove community. However, they have the same duty of care to operate their utility vehicles safely as all other commercial vehicle drivers.
- Commercial bus accident claims. Buses and other companies that offer transportation as a paid service to the general public are “common carriers,” and California state law outlines specific requirements and expectations for these operations. If a commercial bus driver caused your recent commercial vehicle accident, we will help you pursue compensation for your damages.
There are many different types of commercial vehicles throughout California, and many ways for commercial vehicle crashes to happen. Fault for your recent accident may not be immediately clear, and it is possible for more than one party to bear liability for your damages. You need legal counsel you can trust from an experienced Elk Grove car accident lawyer in this challenging situation.
Whenever a driver sustains injuries in an accident caused by another driver, the injured driver has the right to pursue compensation from the at-fault driver. Typically, the first step toward recovery is to file an insurance claim against the at-fault driver’s auto insurance policy. However, it is essential to accurately determine fault for the incident before any steps toward recovery may be taken. Determining liability is often one of the most challenging aspects of a commercial vehicle accident claim. It is possible for the commercial vehicle driver to bear sole fault for an accident, but their employer could also absorb liability under certain circumstances. It is also possible for a third-party driver to bear fault for a commercial vehicle accident if their actions caused an accident with a commercial vehicle that, in turn, collided with your vehicle.
Proving fault in any personal injury claim requires establishing four basic elements of negligence:
- Duty of care. The plaintiff must accurately identify the defendant and prove that they were expected to provide a duty of care in the situation in question. For example, all commercial vehicle drivers have a duty of care to operate their vehicles responsibly and adhere to all applicable safety regulations for their job duties.
- Breach of duty. The plaintiff must then show how the defendant did not maintain their duty of care. This could be a specific action such as reckless driving, an intentional act of harm, or gross negligence. It is important to note that commercial vehicle drivers must adhere to a higher standard of care than individual passenger vehicle drivers.
- Damage. A plaintiff may only file a personal injury claim if they suffered a measurable loss. The plaintiff and their Elk Grove commercial vehicle accident lawyer must provide a complete and accurate list of all of the plaintiff’s claimable damages.
- Causation. The final element of negligence is proof that the plaintiff’s claimed damages directly resulted from the defendant’s negligence and not some other cause. Essentially, the plaintiff and their attorney must prove the claimed damages would not have occurred but for the defendant’s negligence.
Proving these four elements of negligence in an Elk Grove commercial vehicle accident claim typically requires proper analysis of physical evidence and eyewitness testimony. Some cases may demand input from expert witnesses like accident reconstruction experts and engineers. Hiring an experienced Elk Grove commercial vehicle accident lawyer is the best method of ensuring you can meet the standard of proof required to hold the defendant in your claim accountable for your damages.
Commercial vehicles are generally larger than most passenger vehicles and therefore capable of inflicting more devastating injuries to other drivers. The personal injury laws of California allow an accident victim to claim compensation for any and all damages resulting from a defendant’s negligence. When you choose Guenard & Bozarth, LLP to represent you as your Elk Grove commercial vehicle accident attorneys, we will help you recover:
- Medical expenses, both immediate and future. A personal injury plaintiff in California has the right to compensation for all the medical expenses they incur due to a defendant’s negligence. This includes their immediate medical expenses like hospital bills as well as any anticipated future medical expenses if their injuries require ongoing treatment and rehabilitation.
- Lost income and lost earning capacity. Your commercial vehicle accident could force you to stay home from work and recover from your injuries. You have the right to claim compensation for wages lost during your recovery period. In the event you are unable to resume working due to permanent disability from your injuries, your attorney can help you claim compensation for the lost future income you would have reasonably expected to earn if you were able to continue working.
- Property damage, such as vehicle repair costs. A large commercial vehicle may have significantly damaged your personal vehicle, possibly beyond repair. You can add vehicle repair or replacement costs to your claim, as well as the cost of replacing any other personal property damaged in the accident.
If you sustained severe injuries from your recent commercial vehicle accident, these economic damages are likely to only form a portion of your total recovery. California law also allows a plaintiff to claim compensation for noneconomic damages like pain and suffering. Your Elk Grove car accident attorney will help you determine a fair and reasonable amount of pain and suffering compensation to include with your claim based on the severity of your injuries and whether you face long-term or permanent medical complications from them.
Typically, the first step toward recovery for any motor vehicle accident victim in California is an insurance claim against the at-fault driver’s auto insurance policy. Companies that employ commercial vehicle drivers and operate company fleets must carry auto insurance as well, and their policies are typically more expansive than standard individual auto insurance policies. However, it is rarely easy for an injured accident victim to secure an insurance claim payout. Insurance companies operate for profit, and when they pay out on claims, these settlements eat into their profit margins. Insurance companies have the right and legal obligation to investigate all claims for coverage, but they must do so in good faith.
Unfortunately, it is common for insurance company representatives to engage in bad faith tactics to reduce claim payouts. Some insurance claim adjusters will misrepresent elements of policies or provide bad information to claimants. Others may obfuscate details of available coverage or otherwise interfere with a legitimate claim. If you have an Elk Grove commercial vehicle accident attorney represent you, they can help you draft your demand letter to the appropriate insurance company and handle correspondence with the insurer on your behalf. This will significantly reduce the chance of the insurance company unjustly pushing back against your claim.
An Elk Grove commercial vehicle accident attorney can be a tremendous asset in many ways when you are facing a commercial vehicle accident claim. Handling legal proceedings while recovering from painful injuries and managing the economic aftermath of such an accident is incredibly difficult, and having a legal team you can trust on your side means you can recover with peace of mind.
Your personal injury lawyer can handle your court filings and prepare you for all required hearings. They will assist you in gathering the evidence you need to firmly establish the defendant’s liability and guide you through every stage of your case. While the majority of personal injury claims filed in California end with settlement, there is always a chance for a commercial vehicle accident lawsuit to end with litigation. Guenard & Bozarth, LLP, will do everything we can to secure a swift settlement on your behalf, but we are not afraid of intense litigation if it is necessary to ensure your recovery.
Commercial vehicle accident claims are some of the most complex motor vehicle accident claims an Elk Grove, CA resident can face. It is natural to feel uncertain and distressed about the legal issues you face after an Elk Grove car accident, and the right attorney can make a tremendous positive impact on the outcome of your case. If you are ready to discuss your legal options with an Elk Grove commercial vehicle accident lawyer, contact Guenard & Bozarth, LLP today and schedule a consultation with our team.
Elk Grove Practice Areas
We will promptly investigate your car, motorcycle or truck crash to pursue maximum damages.
We fight back when legitimate claims are unfairly denied by insurance companies.
Bad faith litigation is becoming more common as the insurance industry continues to engage in dishonest practices that trample the rights of policyholders.
INSURANCE COMPANIES KNOW US BECAUSE THEY’VE PAID OUR CLIENTS OVER $130 MILLION DOLLARS.
CAR ACCIDENT INJURY
Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012
HAIR SALON INJURY
Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.
SLIP & FALL INJURY
Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.
On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.